or of the place of domicil of origin of the testator (d); and every will of personalty made in the United Kingdom by a British subject dying after that date is well executed if executed according to the forms required by the law of that part of the United Kingdom where the will was made (e). In order, therefore, that a will executed after the 31st December, 1837, may effectually dispose of land of any tenure in England or Wales, it must, unless it be a will of leaseholds executed by a British subject dying after the 5th August, 1861, be executed in accordance with the requirements of the Wills Act, 1837 (f), viz.: (1) It must be in writing signed by the testator, or by some other person in his presence and by his direction; (2) the signature must be at the foot or end of the will as explained by the Wills Act Amendment Act, 1852 (g); (3) the signature must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses must attest and subscribe the will in the presence of the testator. No special form of attestation is necessary. Soldiers in actual military service (), and marines or seamen at sea (i), may still dispose of personal estate as they might before the Wills Act (k), that is to say, by unattested writing or by word of mouth. Wills executed before the 1st January, 1838, in order to pass an estate in fee simple or pur autre vie in real property, had to be in writing and signed by the testator in the presence of three or four credible witnesses (7). No witnesses, nor even writing, were necessary in the case of copyhold or leasehold or other personal estate; but by the Statute of Frauds nuncupative wills of property of over 301. value were required to be proved by (d) Wills Act, 1861 (24 & 25 Vict. c. 114), s. 1. (e) Ibid. s. 2. (ƒ) 7 Will. 4 & 1 Vict. c. 26, s. 9. (g) 15 & 16 Vict. c. 24. (h) Re Phipp, 2 Curt. 368; Drummond v. Parish, 3 Curt. 522; White v. Rapton, 3 Curt. 818; Re Hill, 1 Rob. E. 276; Herbert v. Herbert, Deane, Ecc. Ca. 10. (i) In the goods of Saunders, L. R. 1 P. & D. 16; 35 L. J. P. & M. 26; 13 L. T. 411; 14 W. R. 148; Re Hayes, 2 Cur. 338. () Wills Act, 1837 (7 Will. 4 & 1 Vict. c. 26), s. 11. (4) The Statute of Frauds (29 Car. 2, c. 3), s. 5. three witnesses (m), and were subject to various other restric tions which are not now of sufficient practical importance in the investigation of title to necessitate their being set out here. Since the Wills Act an infant has not been able to make a will either of realty or personalty; before that statute an infant could dispose of personal but not of real estate (n). Prior to the Married Women's Property Act, 1882, a married woman could (1) Make a will of property to which she was entitled to her separate use. (2) Make a will of personal property with the consent of her husband, which, however, could be revoked at any time before probate. (3) When an executrix, make a will appointing an executor for the purpose of continuing the representation of her testator. (4) Execute by will a power over real or personal property. (5) Make a will as a feme sole after a decree of judicial separation, or the making of a protection order under the Matrimonial Causes Act, 1857 (0). (6) Make a will as a feme sole where she was the wife of an alien enemy, a transported convict, an attainted person, or a person banished for life by Act of Parliament. Under the Married Women's Property Act, 1882, a woman married on or after the 1st January, 1883, can dispose by will of any real or personal property which belongs to her at the time of marriage, or is acquired by or devolves upon her after marriage (p); and every woman married before the commencement of the Act can dispose by will of all real and personal property, her title to which has accrued on or after the 1st of January, 1883 (q). The Act gave a married woman power to dispose by will of property only of which she was seised or possessed while under coverture; consequently, it was held that her will made during coverture was not, unless it was re-executed after she became discovert, effectual to dispose of (m) 29 Car. 2, c. 3, s. 19. (n) 2 Black. Com. 497. (0) 20 & 21 Vict. c. 85, s. 21.. (p) Married Women's Property Act, 1882 (45 & 46 Vict. c. 75), s. 2. (2) Ibid. s. 5. property which she acquired after the coverture had come to an end (); but now the will of a married woman who dies on or after the 5th December, 1893, made during coverture, is valid whether she is or is not entitled to any separate property at the time of making it, and such will does not require to be re-executed or re-published after the death of her husband (s). Persons are unable to make wills while of unsound mind. The question whether or not a person is of unsound mind is a question of fact, and it seems that there is no presumption that a testator is sane until the contrary is proved (t). By common law an alien could not hold any estate or interest in land, and therefore could not make a valid will of such property; but since the 6th August, 1854, he has been able to hold land for a lease not exceeding 21 years for the purpose of occupation or business (u), and from and since the 12th May, 1870, an alien can hold and dispose of real estate in all respects as a natural-born subject (v). Neither traitors, felons, convicts, nor suicides are under any incapacity to make wills, nor do they ever appear to have been so, although formerly attainder of high treason or felony was a ground of forfeiture or escheat. A will made or republished since the Wills Act came into operation (x) is revoked— (1) By marriage, except it be a will made in exercise of a power of appointment, where the real or personal estate appointed would not, in default of appointment, pass to the testator's heir, customary heir, executor or administrator, or next of kin under the Statute of Distributions (y). (2) By a subsequent will or codicil. If, however, a subse (r) Re Price, Stafford v. Stafford, 28 Ch. D. 709; 54 L. J. Ch. 509; 52 L. T. 430; 33 W. R. 521. (s) Married Women's Property Act, 1893 (56 & 57 Vict. c. 63), s. 3; Re Wylie, Wylie v. Moffat, (1895) 2 Ch. 116; 64 L. J. Ch. 613; 43 W. R. 475; 13 R. 483. (t) Sutton v. Sadler, 26 L. J. C. P. 284; 5 W. R. 880; 3 C. B. (N. S.) 87; Cleare v. Cleare, L. R. 1 P. & D. 655; 38 L. J. P. 81; 20 L. T. 497; 17 W. R. 627. (u) 7 & 8 Vict. c. 66. (v) The Naturalization Act, 1870 (33 & 34 Vict. c. 14). (x) January 1st, 1838. (y) The Wills Act, 1837 (7 Will. 4 & 1 Vict. c. 26), s. 18. quent testamentary paper is only partly inconsistent with one of an earlier date, the latter instrument is only revoked as to those parts which are inconsistent, and both of the papers are entitled to probate (z). (3) By writing, declaring an intention to revoke the same and executed as a will. (4) By burning, tearing, or otherwise destroying with the intention of revoking the same (a). No acts other than these are effectual to revoke a will (b). (ii) As to what passes. All real and personal estate which a testator is entitled to at the time of his death may be disposed of by a will made or republished on or after the 1st January, 1838; and this power extends to copyhold and customary property, notwithstanding that it may not have been surrendered to the use of the will, and notwithstanding that the testator may not have been admitted, and notwithstanding the want of a custom enabling a tenant to dispose of the property by will (c). Contingent, executory, and other future interests in real or personal estate, and all rights of entry for conditions broken, and other rights of entry, can also be so disposed of (c). A will made since the date referred to primâ facie speaks from the date of the testator's death (d); and a general devise or bequest in such a will includes property over which the testator has a general power of appointment exercisable by will (e), and is effectual to execute a general power, even though the will was made before the power was created (ƒ). A general devise of real estate or lands includes copy holds not surrendered to the use of the will of a testator dying after the 11th July, 1815 (g); and a devise in a will made (z) Lemage v. Goodban, L. R. 1 P. & D. 57; 35 L. J. P. & M. 28; 13 L. T. 508; 12 Jur. (N. S.) 32. (a) The Wills Act, 1837 (7 Will. 4 & 1 Vict. c. 26), s. 26. (b) Ibid. s. 20. The law as to revocation before the Wills Act will be found in 6 Cruise, Title 38, chap. vi.; Burton on Real Property, s. 261; and 2 Black. Com. 376. (c) Wills Act, 1837 (7 Will. 4 & 1 Vict. c. 26), s. 3. (e) Ibid. s. 27. (f) Stillman v. Weedon, 18 L. J. Ch. 46; 12 Jur. 992; 16 Sim. 26. (g) 55 Geo. 3, c. 192, s. 1. or republished after the 31st December, 1837, of the lands of the testator or other general devise includes copyholds and leaseholds, unless a contrary intention appears (k). A devise of lands, real estate, or other similar expression includes a reversionary interest in such estates (1). A general devise of lands includes land contracted to be purchased (m), but not the purchase-money of lands contracted to be sold (n). In general, the death of a devisee or a legatee in the lifetime of the testator causes a lapse of the devise or bequest; but a devise by will, made or republished after the 31st December, 1837, of real estate for an estate tail to persons dying in the lifetime of the testator leaving issue living at the time of the death of the testator inheritable under such entail does not lapse (o); nor is there a lapse where a child or other issue, to whom any estate or interest in real or personal estate not determinable at or before his or her death is given, dies in the lifetime of the testator leaving children or other issue living at the time of the death of the testator (p); but where there is a gift by a testator to children as a class, the rule is that those members of the class who are, at his death, capable of taking take the whole, notwithstanding that some children may have died in the lifetime of the testator leaving issue who survive him, the gift being construed as showing an intention on the part of the testator that the class shall take so far as the law allows (q). The Wills Act made beneficial gifts to attesting witnesses, their wives or husbands, void, but provided that such persons (r), and creditors (s) and executors (t), should be good witnesses. A residuary devise by will made or republished after the |